New York SB-S4019A – Leases & Deceased Lessors – New Protections
ILL NUMBER: S4019A SPONSOR: THOMAS TITLE OF BILL: An act to amend the general business law and the personal property law, in relation to early termination of motor vehicle lease contracts PURPOSE: This bill would prohibit companies from charging early termination fees on motor vehicle lease contracts if a customer has deceased before the end of such contract SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 399-zzzz of the general busi- ness law to prohibit motor vehicle lessors from imposing an early termi- nation fee if a customer has deceased before the end of such contract. Section 2 amends subdivision 5 of section 337 of the personal property
law to add a prohibition on early termination fees to all retail lease agreements of motor vehicles. Section 3 adds a new subdivision 4 to section 341 of the personal prop- erty law to add a prohibition on early termination fees to the restrictions on early termination liability. Section 4 states the effective date. JUSTIFICATION: Many companies use early termination fees to ensure a customer continues use of a service through the contract length. However, there have been instances where these companies have charged early termination fees to accounts cancelled prior to the expiration of the contract due to the customer's death. Chapter 331 of the laws of 2016 prohibited telephone, cellular telephone, television, internet, energy, and water service providers from charging early termination fees if the contract was broken due to the death of the customer. However, motor vehicle leases were not included. This bill simply expands protections from early termination fees to motor vehicle leases. LEGISLATIVE HISTORY: 2017-18: A9727 referred to Consumer Affairs FISCAL IMPLICATIONS: None to state. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all leases entered into, renewed, modi- fied or amended on or after such effective date.
S T A T E O F N E W Y O R K
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4019--A
Cal. No. 689
2019-2020 Regular Sessions
I N S E N A T E
February 25, 2019
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general business law and the personal property law,
in relation to early termination of motor vehicle lease contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 399-zzzz of the general business
law, as added by chapter 331 of the laws of 2016, is amended to read as
follows:
1. Subject to federal law and regulation[,]:
A. no provider of telephone, cellular telephone, television, internet,
energy, or water services shall impose a fee for termination or early
cancellation of a service contract in the event the customer has
deceased before the end of such contract; AND
B. A RETAIL LESSEE, AS DEFINED IN SECTION THREE HUNDRED THIRTY-ONE OF
THE PERSONAL PROPERTY LAW, SHALL NOT BE LIABLE FOR CHARGES FOR THE EARLY
TERMINATION OF A RETAIL LEASE AGREEMENT OF A MOTOR VEHICLE IF HE OR SHE
HAS DECEASED BEFORE THE END OF SUCH LEASE.
§ 2. Paragraphs (i), (j) and (k) of subdivision 5 of section 337 of
the personal property law are relettered paragraphs (j), (k) and (l) and
a new paragraph (i) is added to read as follows:
(I) A STATEMENT IN AT LEAST EIGHT-POINT BOLD TYPE STATING THAT THE
LESSEE SHALL NOT BE LIABLE FOR AN EARLY TERMINATION FEE IF HE OR SHE HAS
DECEASED BEFORE THE END OF THE LEASE;
§ 3. Section 341 of the personal property law is amended by adding a
new subdivision 4 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01695-03-9
S. 4019--A 2
4. THERE SHALL BE NO EARLY TERMINATION LIABILITY TO THE LESSEE IF HE
OR SHE HAS DECEASED BEFORE THE END OF SUCH LEASE.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all leases entered into, renewed,
modified or amended on or after such effective date.










